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Batas Kasambahay
Republic Act No. 10361
January 18, 2013
Case Overview and Summary
Summary of the Domestic Workers Act (Batas Kasambahay)General Provisions
- Declares policies to protect rights of domestic workers against abuse, harassment, violence, and economic exploitation (Section 2)
- Covers all domestic workers employed and working within the Philippines (Section 3)
- Defines key terms like domestic work, domestic worker, employer, household, private employment agency, working children (Section 4)
Rights and Privileges
- Prohibits subjecting domestic workers to abuse, violence, harassment, or degrading acts (Section 5)
- Requires employers to provide adequate meals, humane sleeping arrangements, medical assistance (Section 6)
- Guarantees privacy and access to outside communication for domestic workers (Sections 7-8)
- Allows domestic workers to access education and training opportunities (Section 9)
- Prohibits disclosure of employer's privileged information by domestic workers (Section 10)
Pre-Employment
- Requires written employment contract with specified terms like duties, compensation, leave, etc. (Section 11)
- Allows employers to require medical certificate, clearances, and age proof from domestic workers (Section 12)
- Prohibits charging recruitment or finder's fees to domestic workers (Section 13)
- Prohibits requiring deposits from domestic workers for loss or damage (Section 14)
- Prohibits debt bondage of domestic workers (Section 15)
- Prohibits employment of persons below 15 years old, with provisions for working children aged 15-18 (Section 16)
- Requires employers to register domestic workers in barangay registry (Section 17)
- Provides for skills training, assessment, and certification of domestic workers (Section 18)
Employment Terms and Conditions
- Requires employers to safeguard health and safety of domestic workers (Section 19)
- Entitles domestic workers to 8 hours of daily rest and 24 consecutive hours of weekly rest (Sections 20-21)
- Prohibits assigning domestic workers to non-household work at lower wages (Section 22)
- Allows temporary assignment to another household with additional pay (Section 23)
- Sets minimum monthly wages of ₱2,500 in NCR, ₱2,000 in cities/first-class municipalities, ₱1,500 in other municipalities (Section 24)
- Requires timely payment of wages, 13th month pay, and pay slips (Sections 25-26)
- Prohibits interference in disposal of wages and withholding of wages (Sections 27-28)
- Provides for 5 days of annual service incentive leave after 1 year of service (Section 29)
- Requires coverage of domestic workers in SSS, PhilHealth, Pag-IBIG after 1 month of service (Section 30)
- Mandates rescue and rehabilitation of abused domestic workers (Section 31)
Post-Employment
- Allows termination by either party with specified grounds and compensation (Section 32)
- Lists grounds for termination by domestic worker or employer (Sections 33-34)
- Requires employment certification upon severance of employment (Section 35)
Private Employment Agencies
- Provides for regulation of private employment agencies hiring domestic workers (Section 36)
- Outlines responsibilities of private employment agencies (Section 36)
Settlement of Disputes
- Establishes mechanism for settlement of labor disputes through DOLE regional offices (Section 37)
Special Provisions
- Requires information dissemination program on the law (Section 38)
- Designates the date of approval as "Araw ng mga Kasambahay" (Section 39)
Penal and Miscellaneous Provisions
- Imposes fines of ₱10,000 to ₱40,000 for violations (Section 40)
- Provides for transition period and non-diminution of existing benefits (Section 41)
- Mandates issuance of implementing rules and regulations (Section 42)
- Includes separability and repealing clauses (Sections 43-44)
- Sets effectivity 15 days after publication in Official Gazette or newspapers (Section 45)
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Law
Batas Kasambahay
Republic Act No. 10361
•January 18, 2013
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT NO. 10361
AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known as the "Domestic Workers Act" or "Batas Kasambahay".
Section 2. Declaration of Policies. – It is hereby declared that:
(a) The State strongly affirms labor as a primary social force and is committed to respect, promote, protect and realize the fundamental principles and rights at work including, but not limited to, abolition of child labor, elimination of all forms of forced labor, discrimination in employment and occupation, and trafficking in persons, especially women and children;
(b) The State adheres to internationally accepted working conditions for workers in general, and establishes labor standards for domestic workers in particular, towards...
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Amended by
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